February 20, 2006
Planning Board Minutes
Oswego Town Hall
Chair: Judy Sabin-Watson
Town Board Members: Francis Dellamano, Kenneth Kern,
Lee Phillips, Barry Pritchard, Jeffrey Boyer, James Finn
Attorney To The Board: Stephen Greene, Jr.
At approximately 7:50 PM, Judy Sabin-Watson, Chairman of the Planning Board called the meeting to order.
Those in attendance were:
Approval of January 16, 2006 Minutes:
Judy asked if there were any questions or corrections to the January 16, 2006 Minutes. Lee Phillips stated he was present at January's meeting, yet he wasn't listed under attendance. Jim Finn made a motion that the minutes be approved. Jeff Boyer seconded the motion. All ayes. Motion carried.
No one from the public was present.
Open Board Discussion:
Revisions to Zoning Regulations - "Telecommunication Towers" and "Adult Uses"
Judy opened the discussion on the Section "Telecommunication Towers". Fran Dellamano said he would like to ask some questions before we get into this section. He wondered why we have these regulations. Would this section apply to the Federal Telecommunications, and who would be the lead agency? What are our concerns about telecommunications? Would it be because the project is tall, or high? Why don't we say something else. What does telecommunications include? Lee Phillips said windmills would be one. Fran said there could be other things that come in 10 years that we don't know about. Lee said this would come under commercial. Fran said he does not think this is the point that we want to do. He said he does not feel we should pin point telecommunications. He thinks it is something tall, like 75 or 100 feet. We do not want anything that height near a residence. Put it in the woods somewhere. Any structure over 75 feet or 100 feet - he thinks we are on the wrong tangent here.
Judy wondered if this was included in anything else we talked about, as to the height of a structure.
Jim Finn wondered about a windmill, as he is thinking of putting one on his property to offset his utility bill in the wintertime. He lives in an R-1 Zone. The windmill would be about 50 feet. He doesn't know if it would have to go by setbacks, as it is not a structure. He said in the city they put cell telephone towers on top of buildings, or a water tower.
Lee Phillips questioned if this would be separate. There are other telecommunications including short wave radios and cell towers. Fran said we must have reasons why we make the rules. We should make the rules and then decide what to do. For a windmill, they make a lot of noise, and we may want to stop them. So we would have to have it so far away from a house. Jim Finn said a small windmill would not make a lot of noise.
Fran asked what heights we are talking about - 100 feet or over? They would have to put it in the woods. They do not need to be put by any houses in this town. Lee Phillips mentioned a cell tower by the Little While. There is a lot to it. They have to put up a bond. There is another one out by the college, and then they wanted to put one somewhere near Cemetery Road, on County Route 20.
Fran said we need different definitions for telecommunications. Lee suggest we refer to them as a structure, and Jim Finn said perhaps elevated structure. Structure for advertising would come under this category, elevated structures. Lee Phillips said there is one on the Thruway, with a car on top of it. Fran said they had to take it down as there were too many accidents. Judy said we have to come up with something that encompasses 75 feet and higher.
After much discussion, changes were made to the Section. Steve stated the Section should be named "Elevated Structures" rather than "Telecommunication Towers". He also said on Page - No. (1) Enabling Authority - should be deleted. Then on Page 3, last paragraph under (6)(a) should replace the No (1) on Page 1, but instead of "towers" it should read "elevated structures. Also, Page 1, No. (2) Definitions - (a) through (c) should be scratched. This is because elevated structures also include water towers, smoke stacks, flag poles, wind mills, and advertising, and we would need a definition for each one. Letter (d) "Special Use (a.k.a. Conditional Use) should be left in.
Lee Phillips also mentioned car dealers having a blimp to advertise.
Fran said Special Use Permits go before the Planning Board. They have to have a Site Plan for an elevated structure. Lee said everything has to be put in black and white, and Steve said we have to be very careful what we put in black and while, because of the Federal Government. It could be thrown out, and could become a Court case.
Jeff Boyer had a question regarding Existing Vegetation on Page 3, especially the cutting down of trees exceeding four inches in diameter measured at a height of four feet off the ground.
Steve said we can all look this over, and we will come up with a section on Elevated Structures that will make sense.
Judy then went to the Section "Adult Uses". She went over the definition of an Adult Bookstore. After some discussion, it was decided to make some changes in that section. Page 1, B, Restrictions (1) should be deleted. B (2) should read "Within 5,000 feet of any residential zoning district" rather than 500 feet. B (3) should read "The property line of a parcel where said adult uses are located shall not be within 500 feet of the municipality of any Town or Village, measured as a straight line between the nearest points on the property line, or 1,000 feet from any residence". Page 2- B (4) should be "within 5,000 feet of the property lines of a school, church or other place of religious worship........." not 500 feet. Page 2 - B (5) should be deleted.
Fran asked Steve Greene if he would be willing to go over these regulations on elevated structures, and draft up the section so that it makes sense, and Steve said he would before the next meeting.
It was agreed that at March's meeting, we would review the sections Flood Damage Prevention" and "Wetlands Protection.
At approximately 8:45 PM, Lee Phillips made a motion to adjourn the meeting. Jeff Boyer seconded the motion All ayes. Motion carried.
Secretary to Planning Board